Microsoft Files Federal Appeal on Word Patent Judgment

Microsoft has formally appealed a judgment issued last week that would require the company to stop selling Microsoft Word within the United States.

The judgment came following a jury trial that found aspects of Microsoft Word violate the patent of the Canadian software firm i4i as it relates to what's being called "custom XML."

In the ruling, East Texas District Court Judge Leonard Davis ordered Microsoft to stop selling versions of Word "that have the capability of opening a .XML, .DOCX, or .DOCM file ('an XML file') containing custom XML" within 60 days. He also ordered Microsoft to pay i4i $240 million in damages, $40 million of which was granted because the jury found the patent violation to be "willful."

Late last week, Microsoft filed for an emergency stay with the district court. In its filing Tuesday with the U.S. Court of Appeals, Federal Circuit, Microsoft has also asked for an emergency stay while the appeal is being heard.

According to the case docket, the first oral arguments in the appeal will be held Sept. 23.